ABSTRACT
Although the name of Whoosh! may not be protected by copyright, it will be capable of protection as a registered trade mark under s 1 of the TMA 1994. Section 1 states that a trade mark may be any sign capable of being represented graphically and which is capable of distinguishing the goods or services of Whoosh! from any other undertaking. Since a sign is capable of being a name, Whoosh! will fulfil s 1. The Registrar will consider an application for trade mark registration with reference to the absolute bars to registration (ss 3 and 4) and the relative grounds for refusal, such as conflict with an earlier mark (ss 5-7).
